Madras High Court
M/S.K.S.R.Educational And ... vs The Chairman on 8 January, 2021
W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.Nos.401 & 404 of 2021
and
W.M.P.Nos.471 & 475 of 2021
M/s.K.S.R.Educational and Charitable Trust,
Represented by its Vice Chairman,
No.491/V, K.S.R.Kalvi Nagar,
Kuchipalayam Post,
Tiruchengode,
Namakkal-637 215. ...Petitioner in W.P.No.401/2021
M/s.Aarthi Educational & Charitable Trust,
Represented by its Vice Chairman,
No.491/V, K.S.R.Kalvi Nagar,
Kuchipalayam Post,
Tiruchengode,
Namakkal-637 215. ...Petitioner in W.P.No.404/2021
Vs.
1.The Chairman,
Tamil Nadu Electricity Generation
and Distribution Corporation (TANGEDCO),
No.144, Anna Salai,
Chennai-600 002.
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https://www.mhc.tn.gov.in/judis/
W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
2.The Superintending Engineer,
Mettur Electricity Distribution Circle,
Mettur-1.
3.The Assistant Engineer,
(Operation and Maintenance),
Tamil Nadu Electricity Generation
and Distribution Corporation (TANGEDCO),
Mettur. ...Respondents in both WPs
Common Prayer: The writ petitions filed under Article 226 of the
Constitution of India, to issue a writ of Mandamus, directing the
respondents to consider the letters dated 28.10.2020 and 17.11.2020
pertaining to levy of demand charges and consequently direct the
respondents to re-calculate the demand charges from April 2020 till the
period of lockdown in the light the judgment passed by this Court in
W.P.Nos.7678 & 7679 of 2020 dated 14.08.2020.
For Petitioner in both WPs : Mr.S.Rajesh
For Respondents in both WPs : Mr.Dhamotharan
Standing Counsel
COMMON ORDER
(The case has been heard through video conference)
These petitions have been filed by the petitioners, seeking for a
direction, directing the respondents to consider the letters dated
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W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
28.10.2020 and 17.11.2020 pertaining to levy of demand charges and
consequently direct the respondents to re-calculate the demand charges
from April 2020 till the period of lockdown in the light the judgment
passed by this Court in W.P.Nos.7678 & 7679 of 2020 dated 14.08.2020.
2.The petitioners are the Educational Institutions at Mettur and
they have been sanctioned with 1300 KVA High Tension Electricity
connection. Due to lockdown, they have not utilized the sanctioned
demand, however, the Respondents' Board has calculated at 90% levy as
demand charges. In the similar such demands made during the lockdown
period, this Court had entertained the Writ Petition in W.P.Nos.7678 &
7679 of 2020 dated 14.08.2020 and by considering the issue under 6(b)
of the Regulation Code has passed the order in the following terms;
“6(b) For the H.T. Services disconnected on the request of the
consumer, the monthly minimum charges based on the KVA demand
shall be the actual recorded demand (when the disconnection is for part
of a month) or such percentage of sanctioned demand declared by the
commission whichever is higher.
Provided that where the licensee is prevented from supplying
electricity owing to cyclone, floods, storms, fire, strike or lockout in the
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W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
licensee, or if the licensee is satisfied that the consumer has been
prevented from consuming electricity either in whole or in part for
similar reasons, the licensee may recover from the consumer a
minimum, charges at twenty per cent of the billable demand or recorded
demand whichever is higher besides charges for the actual consumption
of electricity”.
3.The cases of the petitioners are also falls under 6(b) and covered
under the issue as decided by this Court.
4.Mr.Damodharan, learned standing counsel takes notice for the
Respondents' Board and also conceded that the issue of the petitioners is
covered under the order of this Court in W.P.Nos.7678 & 7679 of 2020
dated 14.08.2020, under 6(b) of the Regulation Code. He would further
submit that the Respondents' Board had preferred an appeal against the
order in W.A.No.836 of 2020 and the same is still pending before this
Court.
5.In view of the earlier order passed by this Court in
W.P.Nos.7678 & 7679 of 2020 dated 14.08.2020 and by relying upon the
provision under 6(b) of the Regulation Code, this Court is inclined to
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W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
allow these writ petitions on the above terms ordered in W.P.No.7678 of
2020 dated 14.08.2020.
6.These writ petitions stand allowed accordingly. Consequently,
the connected miscellaneous petitions are closed. No costs.
08.01.2021
Index: yes / no
Internet : yes / no
Speaking / Non speaking order
kas
To
1.The Chairman,
Tamil Nadu Electricity Generation
and Distribution Corporation (TANGEDCO),
No.144, Anna Salai,
Chennai-600 002.
2.The Superintending Engineer,
Mettur Electricity Distribution Circle,
Mettur-1.
3.The Assistant Engineer,
(Operation and Maintenance),
Tamil Nadu Electricity Generation
and Distribution Corporation (TANGEDCO),
Mettur.
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https://www.mhc.tn.gov.in/judis/
W.P.Nos.401 & 404 of 2021
and W.M.P.Nos.471 & 475 of 2021
B.PUGALENDHI, J.
kas
W.P.Nos.401 & 404 of 2021
and
W.M.P.Nos.471 & 475 of 2021
08.01.2021
https://www.mhc.tn.gov.in/judis/
